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(영문) 서울행정법원 2015.11.27 2015구단54134
장해등급결정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff, who was employed by the business owner B and worked at the site of the C Multi-Family Construction Construction Work, was suffering from occupational accidents, and received injury, such as “the structural frame of the second balance of the original site, the opening of the second balance of the original site, the opening of the two parts of the left, the opening of the two parts of the left, and the pressure of the second balance of the left,” and received medical care from the Defendant until September 25, 2014.

B. On September 29, 2014, the Plaintiff filed a claim for disability benefits with the Defendant, and on October 8, 2014, the Defendant determined that the Plaintiff’s disability of the second left-hand balance of the disability was class 13 subparag. 8 of the disability grade.

(hereinafter “instant disposition”). C.

Accordingly, the plaintiff filed a request for examination to the defendant, but was dismissed on January 20, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's second left-hand balance of the second left-hand balance of the plaintiff's assertion falls under class 9 of class 11 (the second hand's second hand is limited to at least 1/2) but the disposition of this case is unlawful.

B. (i) Medical opinion: (a) The dynamic movement scope (MA type measuring method) of the second balance on the left-hand side of the Plaintiff’s main opinion (D and doctor E) is 35 degrees in the first balance of revenues and expenditures (40 degrees, -5 degrees), 2 balance of revenues and expenditures (30 degrees, -30 degrees in the first balance of revenues and expenditures), and 0 degrees in the second balance of revenues and expenditures.

The movement scope of the second balance on the left-hand side of the deliberation opinion by the Defendant advisory society is about 70 degrees in the first balance of revenues and expenses (70 degrees in the softenth, 0 degrees in the softenth), and 0 degrees in the second balance of revenues and expenses (20 degrees in the sofath, 20 degrees in the sofath

Article 25(1) of the Criminal Procedure Act provides that the court shall examine both the functional dynamics and dynamics and dynamics of the second left-hand balance as a result of the court's entrustment of physical evaluation.

The sports scope of the second balance of revenues and expenditures on the left-hand side is about 0-60 degrees and 25-45 degrees in the first balance of revenues and expenditures.

[Reasons for Recognition] Facts without dispute, Gap evidence 4, 5, Eul evidence 1 and 2 (including branch numbers), and objection.

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